HomeMy WebLinkAboutCC Resolution 9082 (San Rafael Goldenaires)RESOLUTION NO. 9082
A RESOLUTION AUTHORIZING THE SIGNING OF A
CONTRACT, LEASE OR AGREEMENT
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:
The MAYOR and CITY CLERK are authorized to execute, on behalf of the
City of San Rafael a contract, lease or agreement with
San Rafael Goldenaires Agreement (for period of three years, commencing Tanuary 1,
1994 through December 31, 1997.)
a copy of which is hereby attached and by this reference made a part hereof.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify
that the foregoing resolution was duly and regularly introduced and adopted at a
regular meeting of the City Council of said City held on Tuesday the eighteenth day of
Tanuary, 1994 by the following vote, to wit:
AYES: COUNCILI\4I-MI3ERS: Cohen, Heller, Thayer, Zan_netini &
Payor Boro
NOES: COUNCIL1\4EI\4BEIZS: None
ABSENT: COUNCILMEMBERS: None
JEA N�EONC I, CITY CLERK
ORIGINAL
CITY OF SAN RAFAEL
RECREATION DEPARTMENT
SAN RAFAEL, CALIFORNIA
AGREEMENT
THIS AGREEMENT, MADE AND ENTERED INTO TIIS eighteenth day of Tanuary,
1994, by and between the CITY OF SAN RAFAEL, hereinafter referred to as "CITY", and
the SAN RAFAEL GOLDENAIRES SENIOR CITIZENS, a non-profit organization
hereinafter referred to as "GOLDENAIRES".
RECITALS
WHEREAS, CITY and GOL DENAII�FIS are mutually desirous of providing recreational
programs and services for Senior Citizens of San Rafael.
WITNESSETH
FOR AND IN CONSIDERATION OF mutually promises, covenants and conditions
hereinafter contained, the parties hereto agree as follows:
1. The parties hereto agree that this AGREEMENT shall continence January 1, 1994.
2. City shall provide the GOLDENAII:IES office, storage, auditorium and classroom
program space at the San Rafael Community Center, hereinafter referred to as
"CENTER", for purposes of providin,, recreation programs and services for Senior
Citizens.
3. CITY shall provide said facilities at least five days per week during the hours 9:00 AM
to 4:00 PM, Mondays through Fridays. Scheduling of activity programs at the
CENTER shall be determined by mutual agreement between the Recreation Director
and the GOLDENAIRES Board of Directors.
4. CITY shall exercise complete control, responsibility, and supervision of the CENTER
and all programs conducted therein. All personnel assigned as staff to the
GOLDENAIRES programs shall be employees of the CITY and, as such, shall be
completely under the direction, control and responsibility of the CITY.
5. CITY shall be responsible for providing all necessary equipment, furnishings,
materials, supplies and personnel necessary for the management and operation of the
CENTER.
6. CITY may, at the request of the GOLDENAIRES Board of Directors, assist with the
planning, organization, promotion and conduct of the GOLDENAIRES program and
services.
7. GOLDENAIRES under the sponsorship of the CITY shall operate as a self-governing
adult club whose elected officers ,1114 nienibers shall assume responsibility for 91a, 0 . y
planning, organization, and operation of recreational programs and services fd,
Senior Citizens. ,.
10. GOLDENAIRES shall consult ivith and inform the CITY staff regarding all matters
concerning the organization and operation of the GOLDENAIRES program and
services at the CENTER.
11. GOLDENAIRES shall accept the sharing of all recreational equipment, furnishings
and facilities with other individuals, groups and organizations utilizing the CENTER
for recreational and other leisure time activities.
12. It shall be understood and agreed that any financial assistance provided by the
GOLDENAIRES for furnishings, equipment and/or supplies, etc. at the CENTER,
shall be available for use by all individuals and groups using the CENTER with the
condition that the GOLDENAIRES be notified.
13. GOLDENAIRES shall abide by and follow all policies, procedures, rules and
regulations set forth by the CIT)' for the administration and operation of the
CENTER.
14. GOLDENAIRES shall submit to the CITY monthly financial reports regarding the
monthly operation of their organization.
15. The GOLDENAIRES agree to pay CITY monthly rental charge of $250/month, for a
period of three (3) years, colnnlencing January 1, 1994, to be paid quarterly. It is
understood that the CITY will furnish utilities, custodial service and maintenance for
the GOLDENAIRES office (Clubroom #1). GOLDENAIRES shall have an option to
renew this AGREEMENT at the conclusion of the initial three (3) year terms, by
giving the City written notice of exercise of the option at least 30 days before
expiration of the term.
16. It shall be understood and agreed that anytime the GOLDENAIRES organization
dissolves as a whole, all funds and equipnient accrued by the organization shall be
given to the City of San Rafael for Recreation Department usage.
17. CITY shall hold harmless, indenulify, including for attorney's fees and defend the
GOLDENAIRES from any liability for personal injury or property damage arising out
of any negligence or intentional acts or omissions by the CITY, its agents or
employees. GOLDENAIP.ES shall hold harmless, indemnify, including attorney's
fees and defend CITY from any liability for personal injury or property damage
arising out of GOLDENAIRES' use of the premises, pursuant to this agreement
and/or any negligence or intentional acts or omissions by the GOLDENAIRES, its
agents or employees.
18. CITY and GOLDENAIRES agree to submit any claims arising under this
AGREEMENT to binding arbitration pursuant to the current provisions of the
California Code of Civil Procedure or any successor statues.
19. Either party to this contract may terminate this AGREEMENT by giving the other
party sixty (60) days' written 1106CL'.
IN WITNESS WHEREOF the parties hereto have executed this written Agreement the
day and year first above written.
CITY OF SAN RAF EL
Al 4r
ATTEST:
Jean �ML oncini, City Clerk
Appro s n:
Gary Ragghia�iti, City Attorney
SAN RAFAEL GOLDENAIRES
SENIOR CITIZENS
B ,, (!ter Cti►
Dolores Lydon, Presid t
Date Submitted /V AF